[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Reusing GPL code without applying GPL legal in Europe?

I am an American and not familiar with continental European systems,
but the Berne Convention and its implementation in the USA agree with
you.  Article 10 of the Berne Convention[1] requires compliance with
"fair practice" when quoting another's program, and Article 12
reserves the right of adaptation to the author.  (Under the Uruguay
round agreement of TRIPS[2], computer programs are classified as
literary works under the Berne Convention.)

Including a section of code containing creative expression -- which is
required for it to be subject to copyright -- for functional purposes
rather than teaching, commentary, or similar purposes is not fair
practice (in the US, fair use) and requires license from the rights

[1]- http://www.law.cornell.edu/treaties/berne/overview.html
[2]- http://www.wto.org/English/docs_e/legal_e/27-trips_04_e.htm

Michael Poole

Reply to: